Duty of Fairness

March 7, 2013

posted in: Legal Updates

El-Helou v. Canada (Courts Administration Service), [2012] F.C.J. No. 1237

The Federal Court granted judicial review and overturned the decision to dismiss two complaints that had been put forward under Federal Whistleblower legislation, The Public Servants Disclosure Protection Act. Although the investigation resulted in one of the three complaints being referred to hearing, the complainant was unhappy that the other two complaints had been dismissed. The complainant argued that the investigation had been insufficient and that there had not been procedural fairness.

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